LANDLORD FAQ

What is CityFheps and Section 8?

CityFheps and Section 8 voucher program are programs that help low income residents with paying their monthly rent.

 

The landlord is paid a subsidy towards the total rent on behalf of the renter once the tenant is approved and moves in. The tenant is also responsible for paying a portion of the rent out of pocket monthly towards the rent.  (Please look up the difference between Cityfheps and Section 8)

Can a Landlord Refuse New York CityFheps or Section 8?

The Law. In New York City, it is illegal for landlords to refuse tenants based on their source of income, including programs like FHEPS (Family Homelessness and Eviction Prevention Supplement) or Section 8. The New York City Human Rights Law protects tenants from discrimination based on lawful sources of income.

Both FHEPS and Section 8 provide rental assistance to eligible low-income individuals and families. Landlords who participate in these programs receive guaranteed rent payments from the government, ensuring a steady income stream.

However, it's important to note that landlords can still screen tenants based on other criteria, such as credit history, rental references, and income verification to ensure that they meet their general rental requirements. They can also refuse tenants if they have valid reasons unrelated to the source of income, such as a history of eviction or criminal activity.

If you believe you have been unlawfully denied housing based on your participation in FHEPS or Section 8, you can file a complaint with the New York City Commission on Human Rights or consult with a local tenant advocacy organization for further assistance.

Can a landlord terminate a Section 8 lease in New York?

Yes, a landlord can terminate a Section 8 lease in New York under certain circumstances. While Section 8 provides rental assistance to tenants, it does not grant absolute protection from lease termination.

There are several valid reasons that a landlord can terminate a Section 8 lease, which may include:

  1. Violation of Lease Terms: If the tenant violates the terms of the lease agreement, such as not paying rent, causing damage to the property, or engaging in illegal activities, the landlord can initiate the eviction process.

  2. Non-Renewal of Contract: Section 8 contracts between landlords and the local housing authority have specific terms, often for a fixed period. If the contract term ends and the landlord chooses not to renew the contract, they can terminate the lease.

  3. End of Tenant Eligibility: If the tenant no longer qualifies for Section 8 assistance, such as due to changes in income or household composition, the landlord can terminate the lease.

It's important to note that landlords must follow the legal eviction process and provide proper notice to terminate a Section 8 lease. They cannot terminate the lease solely based on the tenant's participation in the Section 8 program.


The landlord will have to fill out and serve a Certification of Basis for Eviction before commencing the case. Then, depending on the response from NYCHA, the landlord can commence the eviction case.

If you are landlord or Homeowner thinking about working with Section 8 taking section 8 it’s best to know what can cause a tenant to lose their section 8 status is:

The tenant must follow the rules in the lease. Several factors can cause a tenant to lose their Section 8 status. The specific circumstances and regulations may vary depending on the jurisdiction and the housing authority administering the program. Here are some common reasons why a tenant may lose their Section 8 status:

  1. Income changes: Section 8 is designed to assist low-income individuals or families. If a tenant's income increases beyond the program's income limits, they may no longer qualify for Section 8 assistance. Tenants are typically required to report changes in their income to the housing authority promptly.

  2. Failure to pay rent: Section 8 tenants are responsible for paying their portion of the rent on time. If a tenant consistently fails to pay their share of the rent or violates the terms of the lease, it can lead to eviction and loss of Section 8 benefits.

  3. Lease violations: Tenants must comply with the rules and regulations set by the housing authority and the terms of their lease agreement. Serious lease violations, such as criminal activity, damage to the property, or engaging in prohibited activities, can result in the termination of Section 8 assistance.

  4. Fraud or misrepresentation: Providing false information or withholding relevant details during the application process or recertification can be grounds for losing Section 8 status. This includes misrepresenting household composition, income, or assets.

  5. Program non-compliance: Tenants must meet ongoing program requirements, including attending annual recertification appointments, cooperating with housing authority inspections, and following program rules. Failure to comply with these requirements can result in the termination of Section 8 benefits.

  6. Ineligibility of household members: If a household member becomes ineligible for Section 8 due to changes in their circumstances, such as increased income or criminal activity, it can impact the entire household's eligibility.

  7. Housing quality issues: Section 8 properties must meet certain housing quality standards. If a landlord fails to maintain the property adequately, leading to health or safety hazards, the housing authority may terminate assistance for that unit.

It's important to note that the process for terminating Section 8 assistance involves specific procedures and due process rights for tenants. Housing authorities typically provide tenants with an opportunity to present their case and appeal any adverse decisions.

The exact rules and procedures regarding the loss of Section 8 status may vary, so it's advisable to consult the local housing authority or review the program's regulations for more detailed and accurate information in your specific jurisdiction.

Tenants can be removed from the Section 8 program. Then the federal government will not help pay their rent. They will be responsible for paying the full amount of the rent.

Section B other common reasons are:
 

  • Criminal activity or alcohol abuse. This must threaten the health and safety of others. or, repeatedly disturbs them,

  • Violent criminal activity,

  • Drug-related criminal activity,

  • Not keeping utilities like gas, electric, or water on in the unit,

  • Allowing an unapproved person to live in the unit. The Housing Authority needs to approve residents,

  • Not living in the unit

  • Eviction.

How do I become a Section 8 landlord in NYC?

To become a Section 8 landlord in New York City (NYC), you need to follow certain steps and meet specific requirements. Section 8 is a federal rental assistance program administered by the U.S. Department of Housing and Urban Development (HUD). In NYC, the program is overseen by the New York City Housing Authority (NYCHA) and the New York City Department of Housing Preservation and Development (HPD). Here's a general outline of the process:

  1. Familiarize yourself with Section 8: Understand the Section 8 program and its requirements. Section 8 provides rental subsidies to eligible low-income individuals or families, with participants typically paying 30% of their income toward rent, and the remaining portion covered by the program.

  2. Register your property: If you own a property or plan to purchase one, ensure it meets the necessary criteria. Section 8 properties must meet specific housing quality standards and pass inspections. You can contact the local housing authority or the HPD to learn more about the property requirements and to register your property for the Section 8 program.

  3. Attend landlord orientation: Many housing authorities, including NYCHA, conduct landlord orientations to educate landlords about the Section 8 program and the responsibilities associated with it. Attend these sessions to learn more about the program's regulations and processes.

  4. Market your property: Once you're registered and approved as a Section 8 landlord, you can advertise your property as accepting Section 8 tenants. You can utilize various channels, such as listing websites, local newspapers, or contacting local organizations that provide housing assistance.

  5. Screen and select tenants: When you receive applications from prospective Section 8 tenants, you can conduct the usual tenant screening process, including background checks and references. However, keep in mind that you cannot discriminate against applicants based on their source of income, including Section 8 vouchers.

  6. Inspections and lease signing: After selecting a Section 8 tenant, the property must undergo an inspection to ensure it meets the required housing quality standards. Once the inspection passes, you can proceed with signing the lease agreement with the tenant.

  7. Rent collection and subsidy payments: Section 8 tenants are responsible for paying their portion of the rent directly to you, while the housing authority will send the rental subsidy payments directly to you as well.

  8. Ongoing responsibilities: As a Section 8 landlord, you have ongoing responsibilities such as maintaining the property to meet the housing quality standards, reporting any necessary repairs or issues to the housing authority, and complying with program rules and regulations.

It's essential to note that the Section 8 program in NYC may have specific requirements and processes that could change over time. Therefore, it's advisable to reach out to the local housing authority, Real Estate Broker, Realtor or the HPD directly for the most up-to-date information and guidance on becoming a Section 8 landlord in NYC.

How do I become a CityFheps landlord in NYC?

Similar process as in Section 8, but a lot less lenient in the inspection process and the timing is much quicker in securing a tenant.

If you are interested in becoming a CityFheps  property owner, the housing specialist, voucher holder, case manager or in most cases your real estate broker will provide you with a the one time package for you to fill out:

  1. Landlord Utility Information

  2. Signed lease or written agreement to rent the apartment to the family for at least one year

3. Request for security

4. Landlord’s W-9 (needed to receive all payments)

  1. Unit Hold Incentive Voucher (HRA-145), if requested

  2. Payee form if the landlord makes someone his/her payee

  3. Landlord Information Form

  4. Proof of ownership